[Pflienews] PharmFacts E-News Update: Pharmaicst Rights of Conscience Appealed to WI Supremes

Wed Apr 23 13:17:09 MDT 2008

*PharmFacts E-News Update -- 23 Apr 2008 AD

*

Pharmacist's Rights of Conscience Goes to Wisconsin Supreme Court
Thomas More Society Files an Appeal for Noesen v. State of Wisconsin 
Department of Regulation & Licensing, Pharmacy Examining Board

MADISON, Wisc., April 23 /Christian Newswire/ -- Today the Thomas More 
Society filed an appeal with the Wisconsin Supreme Court on behalf of 
Neil T. Noesen. Noesen is a registered pharmacist, who refused to fill a 
prescription for oral contraceptives at a K-Mart in Menominee, 
Wisconsin, because of conscientious objections. In 2005, he was 
disciplined by the Wisconsin Pharmacy Examining Board for refusing to 
transfer the prescription.

Both a Wisconsin Circuit Court and the Wisconsin Court of Appeals upheld 
the order of the Pharmacy Examining Board imposing discipline on Mr. 
Noesen (a reprimand and limitations on his license).

Prior to refusing to fill or transfer the prescription, Mr. Noesen 
notified his employer of his conscientious objection to contraceptives. 
The employer had adopted a procedure for accommodating Mr. Noesen's 
beliefs without losing customers but it was not followed in this 
particular case. As Mr. Noesen explained to the Court: "...with good 
conscience, I can't aid, abet, encourage, refer, transfer, or 
participate in any way with something that I feel would be impairing the 
fertility of a human being." The customer's prescription was ultimately 
filled and she did not become pregnant from missing a single dose of her 
prescription.

According to Paul Linton, Thomas More Society Special Counsel, "Mr. 
Noesen is being punished for refusing to compromise his beliefs. The 
Pharmacy Examining Board's action violates his rights of conscience, 
clearly protected by the Wisconsin Constitution (art. I, s. 18). We hope 
the Wisconsin Supreme Court will restore Mr. Noesen's right to express 
his deeply held beliefs. Being tolerant of what others believe is the 
definition of a free society."

/The Thomas More Society is a public interest law firm which provides 
legal counsel and defense for those who work to protect innocent human 
life./

Christian Newswire 
<http://rs6.net/tn.jsp?e=001mhQs_RN6f6Me7hV3j2IwE7RKgsvymSqEJahKr_KerSupFAvsjY8m42Kb4BkIP7JzoC18OmHugIy2VmGSskCCVfGXmtsBbidtBXA051Eo7lkkfLA6ZEIhyBwW8fcn2-DP>

	To: National Desk

Contact: Tom Ciesielka, TC Public Relations, 312-422-1333;

Denise Mackura, Executive Director & General Counsel, Thomas More 
Society, 216-548-9108 cell

# Thomas More Society

<http://rs6.net/tn.jsp?e=001mhQs_RN6f6PrehtuAiAF8WP43rsYeFCj1FBck6IWKRiQIjZSTozx66oox1WPtaA39j-uFkU8qvcQtKlPDorhej0hbmI4i7qJsUavt6H-JikWJlYumz5P6z3o6yDNa0sv> 

# TC Public Relations 
<http://rs6.net/tn.jsp?e=001mhQs_RN6f6NrlfST1iflWuU9PQjBdU_xJEn0CqTcw7vFF7BUi45HClpTP5ntkBKNvIihE0Y31ioKwcEUi2kJFaTOsKWRKFH-MO4C5myTkFE=> 

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